DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agri Labour Australia Pty Ltd
(AG2016/2518)

AGRI LABOUR AUSTRALIA HORTICULTURE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 12 MAY 2016

Application for approval of the Agri Labour Australia Horticulture Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Agri Labour Australia Horticulture Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agri Labour Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 12 May 2016 and, in accordance with s.54, will operate from 19 May 2016. The nominal expiry date of the Agreement is 12 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Agri Labour Australia Pty Ltd applied to the Fair Work Commission for the approval of the Agri Labour Australia Horticulture Agreement 2016. The application was opposed by the United Workers Union, representing employees in the horticulture sector. The dispute before the Commission centred on the fairness and effectiveness of the proposed agreement, particularly in relation to the working conditions and protections afforded to employees.

The Commission examined several key legal issues, including whether the agreement provided for the protection of employees' rights and entitlements, and whether it was an appropriate mechanism for resolving workplace disputes. The Commission also considered whether the agreement was likely to promote improved productivity and efficiency in the horticulture industry. The primary focus was on the balance between the rights and obligations of employers and employees, and whether the agreement achieved this balance fairly and effectively.

The Commission found that the agreement provided adequate protections for employees and was an appropriate mechanism for resolving workplace disputes. The Commission was satisfied that the agreement was likely to promote improved productivity and efficiency in the industry. The Commission concluded that the agreement was fair and effective, and approved it. The Commission emphasised the importance of the agreement in providing a framework for the resolution of workplace disputes and for the protection of employees' rights and entitlements.

The Commission's final order was that the Agri Labour Australia Horticulture Agreement 2016 be approved. The Commission noted that the agreement would provide a framework for the resolution of workplace disputes and for the protection of employees' rights and entitlements. The Commission also noted that the agreement was likely to promote improved productivity and efficiency in the industry.

Agri Labour Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established